For the reasons that follow, News Corp.’smotionfor summary judgment is granted.The Post’s and Mr. Allan’s summary judgment motionis denied.
The following facts are drawn from the parties’ submissions in connection with the instant motions. The facts are undisputed unless otherwise noted.
Sandra Guzman, whois a black, Hispanic, Puerto Rican female, worked at the Post as an associate editor from July 2003 to September 29, 2009. News Corp.owns hundreds of companies worldwide. News Corp.’s subsidiaries, which are primarily media companies,employapproximately 50,000 to 60,000 individuals.ThePostpublishes the daily newspaper,
New York Post
, and is a wholly owned subsidiary of News America Incorporated (“NAI”), which inturn is a subsidiary of News Publishing Australia Holdings Ltd., which in turn isa subsidiary ofNews Corp. News Corp.and the Post both have offices at 1211 Avenue of the Americas,New York, New York.Whilethey each pay rent separately to a thirdparty, the companies share conference roomson the thirdfloor,and Post employees have access to News Corp.’s cafeteria. Plaintiff maintains, and Defendants dispute, that the Post and News Corp.share offices on the eighth floor. Each company has its own human resource, finance, information technology and securitydepartments. The companies maintain separate bank accountsand separate financial books and records. News Corp. employees are not involved in the printing or distribution of the Post’s daily newspaper.
Case 1:09-cv-09323-LGS Document 170 Filed 10/28/13 Page 2 of 41